quesWife treats me badly and denies sex. What can i do in such situation?

I have a respectful life outside but at home I am treated very badly. My wife doesn't respect me, care for me and avoids me like a stranger in bed. I am married since 7+ years and have 1 kid. Since last 5 years our relationship is not going well and we fight everyday. 

 

We dont have any physical or mental attachments but are just tolerating each other only for our kid.  She doesn't want that I keep any relationship with my family though she does it with her own family.

 

I have discussed this issue with in-laws also but they do not understand and supports her blindly. I am looking for a permanent solution to end this misery.

 

  • ans 

    As you have not specified your religion, assuming that you are Hindus, your marriage is governed by the Hindu Marriage Act. 

     

    Section 13 of the Hindu Marriage Act prescribes the various grounds on which divorce can be sought by either of the parties.

     

    Section 13 of the Act has been reproduced below for your better understanding.

     

    Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-

     

    i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

     

    a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

     

    b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

     

    ii. has ceased to be a Hindu by conversion to another religion; or

     

    iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. 

     

    Explanation.- In this clause,-

     

    a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

     

    b. the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

     

    iv. has been suffering from a virulent and incurable from of leprosy; or

     

    v. has been suffering from venereal disease in a communicable from; or

     

    vi. has renounced the world by entering any religious order; or

     

    vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

     

    As per our understanding, we feel that your situation can fit under Section 13(1)(ia) of the Act.

     

    Furthermore, under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Now in your case, your wife is guilty of mental cruelty. Her acts of fighting with you persistently and other instances are sufficient to prove the existence of mental cruelty.

     

    Moreover, the High Court has also held that willful denial of sex is also a valid ground for divorce under the head of mental cruelty. 

     

    Therefore, if she is denying you sex, then you can claim the same under Mental Cruelty.

     

    Kindly contact us for any further details and action.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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